The Free State Foundation is a non-profit, nonpartisan think tank. Its purpose is to promote, through research and educational activities, understanding of free market, limited government, and rule of law principles at the federal level and in Maryland.

FSF focuses on eliminating unnecessary and counterproductive regulatory mandates, especially those applicable to the communications and other high-tech industries, and on reducing overly burdensome taxes, protecting individual and economic liberty, including property rights, and making government more effective, efficient, and accountable.

Who We Are

Led by Randolph J. May, FSF's President, the scholars of The Free State Foundation have decades of experience in the public policy arena and academic settings promoting free markets, secure property rights, and individual liberty. Mr. May is a nationally known legal and policy expert in the field of regulation, as well as a widely recognized expert in communications, administrative, and constitutional law. FSF's scholars combine solid academic expertise with professional and practical experience in a way that makes their research especially impactful in influencing both federal and state public policy.

New at FSF

Speakers have been announced for FSF’s celebration of its Tenth Anniversary of its founding at the gala celebratory lunch on Wednesday, December 7, 2016, at the National Press Club in Washington, DC. Speakers include Congresswoman Marsha Blackburn, Vice Chair, House Energy and Commerce Committee, and Republican Deputy Whip; Ajit Pai, FCC Commissioner; Michael O'Rielly, FCC Commissioner; Karyn Temple Claggett, Acting Register of Copyrights and Director of U.S. Copyright Office; and Daniel Lyons, Professor,Boston College Law School, and member of FSF's Board of Academic Advisors. We will reflect on the direction of law and policy over the Free State Foundation's first ten years - including this important anniversary year - while looking at the challenges ahead. A flyer with event details is here. Register here!

Please join FSF celebrate the Tenth Anniversary of its founding at a gala celebratory lunch on Wednesday, December 7, 2016, from 11:45 a.m. to 2:15 p.m. at the National Press Club in Washington, DC. A complimentary lunch will be served, but you must register to attend.

Free State Foundation President Randolph May will participate on the “Internet Privacy – The Rules of Engagement?” panel at the upcoming National Association of Regulatory Utility Commissioners’ 2016 Summer Committee Meetings on July 23 in Nashville, TN. As part of reclassifying basic Internet access service (BIAS) as a telecommunications service, the FCC issued a notice of proposed rulemaking on April 1, 2016, proposing detailed data privacy and security rules for BIAS providers. The panelists will address the issue of privacy when it comes to BIAS and identify issues of concern.

Free State Foundation President Randolph May and Senior Fellow Seth Cooper submitted reply comments on May 23, 2016, in the Federal Communications Commission's set-top box rulemaking proceeding. The comments explain why the FCC should reject unjustified calls for harmful, stringent regulation of video devices and apps.

Free State Foundation President Randolph May and Senior Fellow Seth Cooper submitted comments today to the Federal Communications Commission in response to the Commission's request for comments in its set-top box rulemaking proceeding. FSF stated its opposition to the FCC's backward-looking set-top box tech mandates, and that there is no market failure justifying the agency's costly proposal that jeopardizes intellectual property and privacy rights.

Free State Foundation President Randolph May testified April 20 at a hearing on "The Administrative State: An Examination of Federal Rulemaking" before the Senate Committee on Homeland Security and Governmental Affairs. Mr. May critiqued four problematic aspects of the FCC's net neutrality rulemaking in his testimony.

View a slideshow of the Free State Foundation’s Eighth Annual Telecom Policy Conference – "The FCC and the Rule of Law" – held March 23, 2016, at the National Press Club.

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Register now for the Free State Foundation's Eighth Annual Telecom Policy Conference on Wednesday, March 23, 2016, at the National Press Club in Washington, DC. An outstanding line-up of leading senior officials and prominent experts from government, industry, academia, and think tanks will discuss and debate the most important communications and Internet issues of the day, including broadband policy, the Open Internet Order appeal, video competition, Universal Service and Lifeline Reform, whether the FCC's actions conform to rule of law norms, and more. A flyer with the event details is here and the conference agenda is here.

Free State Foundation President Randolph May will participate on a panel on February 16, 2016, at the NARUC Winter Committee Meetings. The panel will address Lifeline issues, including the extent to which the program should be extended to broadband services. The National Association of Regulatory Utility Commissioners (NARUC) is a non-profit organization dedicated to representing the state public service commissions who regulate the utilities that provide services such as energy, telecommunications, water, and transportation.

Free State Foundation President Randolph May will speak on February 10, 2016, at a forum on Intellectual Property and First Principles, presented by the Cato Institute's Center for Constitutional Studies and the Federalist Society for Law & Public Policy Studies. With FSF Senior Fellow Seth Cooper, Mr. May is the co-author of The Constitutional Foundations of Intellectual Property. The panel will debate various conservative and libertarian points of view regarding the nature of intellectual property and the extent to which it should be safeguarded.Free State Foundation President Randolph May will participate on a panel addressing regulatory issues raised in connection with the new sharing economy. The program, “Regulation of the Sharing Economy: Uber and Beyond,” sponsored by the Section of Administrative Law and Regulatory Practice of the American Bar Association, will be presented at the 110th Annual Meeting of the American Association of Law Schools on January 8, 2016, 6:30 - 9:30 p.m., in New York City.

Free State Foundation Senior Fellow Seth Cooper will discuss The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective, the new book he co-authored with FSF President Randolph May, on the "Thoughtful Patriot" radio program, hosted by Trent England on November 17, 2015. The program will air during the 9 a.m. (CST) book hour on KZLS 1640 AM in Oklahoma City, OK, with a podcast available after the broadcast.

A video is available of the Free State Foundation's October 26 Book Seminar. FSF President Randolph May and FSF Senior Fellow Seth Cooper discussed their new book, The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective. Reactions followed, along with questions from the audience, by commenters Robert Atkinson, President, Information Technology & Innovation Foundation, and Ralph Oman, former Register of Copyrights of the United States, 1985-1993, and the Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law, The George Washington University Law School. For additional information about the book, please see our book page.

Register now for the Free State Foundation’s Book Event Luncheon in celebration of FSF’s new book - The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective at the National Press Club on Monday, October 26, 2015, from 12:00 - 2:00 p.m. The book’s authors, Free State Foundation President Randolph May and FSF Senior Fellow Seth Cooper will discuss the book and share their views on the importance of intellectual property rights. Commenters include Robert Atkinson, President of the Information Technology & Innovation Foundation, and Ralph Oman, former Register of Copyrights of the United States, 1985-1993, and the Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law, The George Washington University Law School. For additional information, click here.

The new book, The Constitutional Foundations of Intellectual Property - A Natural Rights Perspective, by Free State Foundation Randolph May and Senior Fellow Seth Cooper, is now available! Get all the information about the book, what others are saying about the book, and how to order it here.

Free State Foundation Randolph May joined several prominent administrative law scholars in an amicus brief filed on August 6, 2015, in the D.C. Circuit Court arguing that the FCC's order imposing "net neutrality" mandates on Internet providers should be vacated. Among other things, the brief argues that the FCC lacks statutory authority to regulate Internet providers in the way it did. The FCC's action exposes the entire Internet ecosystem to the prospect of public utility-like regulation. The complete brief is here.

On July 28 the Free State Foundation held a policy seminar at the National Press Club. The theme of the seminar was "Implementing Real Regulatory Reform at the FCC." FCC Commissioner Michael O'Rielly delivered the Keynote Address. A distinguished panel, moderated by Randolph May, President of the Free State Foundation, followed with reactions to Commissioner O’Rielly’s remarks. The panelists were: Richard Wiley, former Chairman, Commissioner, and General Counsel of the Federal Communications Commission, and Chairman, Wiley Rein LLP; Justin (Gus) Hurwitz, Assistant Professor of Law, University of Nebraska College of Law, and a Member of Free State Foundation's Board of Academic Advisors; and Daniel Lyons, Associate Professor of Law, Boston College Law School, and a Member of Free State Foundation's Board of Academic Advisors. The text of Commissioner O’Rielly’s keynote is here. Watch the video of the seminar here or below.

The Free State Foundation has announced the panelists for its policy seminar, "Implementing Real Regulatory Reform at the FCC," on July 28, from 11:45 a.m. - 2:00 p.m. FCC Commissioner Michael O'Rielly will deliver the Keynote Address discussing a series of thoughtful, innovative proposals he has offered to reform the FCC's regulatory process. Comments and reactions by the following distinguished panelists will follow Commissioner O'Rielly's keynote: Richard Wiley, former Chairman, Commissioner, and General Counsel of the Federal Communications Commission, and Chairman, Wiley Rein LLP; Justin (Gus) Hurwitz, University of Nebraska College of Law, and a Member of Free State Foundation's Board of Academic Advisors; and Daniel Lyons, Boston College Law School, and a Member of Free State Foundation's Board of Academic Advisors. You can register for this event here. For additional information, click here.

The Free State Foundation will hold a policy seminar, "Implementing Real Regulatory Reform at the FCC," on July 28, 2015, from 11:45 a.m. - 2:00 p.m. FCC Commissioner Michael O'Rielly will deliver a Keynote Address discussing a series of innovative proposals he has put forward to reform the regulatory process at the agency. A panel discussion will follow. You can register for this event here.

Free State Foundation President Randolph May testified at a June 2, 2015, hearing on "Lifeline: Improving Accountability and Effectiveness" before the Senate Commerce Committee's Subcommittee on Communications, Technology, Innovation, and the Internet. In his testimony, Mr. May supported continuation of a Lifeline program that provides subsidy support to those truly in need. But he stressed that further reforms aimed at reducing waste, fraud, and abuse were necessary in order for the program to remain viable and sustain public support and that policymakers should proceed cautiously before expanding Lifeline to broadband.

Free State Foundation President Randolph May testified at a May 15, 2015, hearing on "FCC Reauthorization: Improving Commission Transparency Part II" before the House Subcommittee on Communications and Technology, Committee on Energy and Commerce. In his testimony, Mr. May supported the FCC process and transparency reforms in the proposals under Committee consideration, and he urged Congress to adopt some key measures promptly without waiting for the FCC to act on its own.

Free State Foundation President Randolph J. May will speak on “The Global Internet: The Promises & Perils of Proposed New Structures” at the World Affairs Council of Palm Beach on April 7, 2015. The World Affairs Council of Palm Beach is an organization that creates forums for discussion of critical world issues. Its mission is to promote understanding of the world — the people, the politics, the economies and the cultures — and to enhance the ability of citizens to participate in the global community and to better understand world events through people-to-people diplomacy, distinguished speakers, and educational outreach programs.

On March 19 the Free State Foundation held its Seventh Annual Telecom Policy Conference at the National Press Club. The theme of the conference was "The Future of the Internet: Free Market Innovation or Government Control?" Congressman Greg Walden, Chairman of the House Subcommittee on Communications and Technology, delivered the Opening Keynote Address. A video of Chairman Walden's address is here. House Majority Whip Steve Scalise, a member of the House Subcommittee on Communications and Technology, participated in the traditional lunchtime Conversation with Free State Foundation President Randolph May. View a video of their Conversation here.At the Free State Foundation’s Seventh Annual Telecom Policy Conference, FCC Commissioners Ajit Pai and Michael O'Rielly addressed the FCC’s problematic decision to regulate Internet providers and their reactions to Rep. Greg Waldren’s opening remarks. Rep. Walden is Chairman of the House Subcommittee on Communications and Technology. A video of Panel I is here.At the March 19 Free State Foundation Seventh Annual Telecom Policy Conference, FTC Commissioner Maureen Ohlhausen; Rick Boucher, Honorary Chair of the Internet Innovation Alliance, and former Chairman of the House Subcommittee on Communications and the Internet; and Deborah Taylor Tate, a Distinguished Adjunct Senior Fellow of the Free State Foundation, and former FCC Commissioner, participated on the second panel, moderated by FSF President Randolph May, and offered their observations and reactions to the morning’s speakers. The video of Panel II is here.

At the Free State Foundation’s Seventh Annual Telecom Policy, the third panel, moderated by Seth Cooper, Senior Fellow, Free State Foundation, gave their observations and reactions to all of the morning’s previous speakers. Panel participants included: James Assey, Executive Vice President, National Cable & Telecommunications Association; Jeffrey Campbell, Vice President, The Americas, Global Government Affairs, Cisco; Jot Carpenter, Vice President, Government Affairs, CTIA; Peter Davidson, Senior Vice President - Federal Government Relations, Verizon; and Gene Kimmelman, President and CEO, Public Knowledge. A video of Panel III is here.

The Agenda for the Free State Foundation’s Seventh Annual Telecom Policy Conference has been released. This will be FSF’s biggest and best conference ever! A link to register for "The Future of the Internet: Free Market Innovation or Government Control?" – Thursday, March 19, 2015, at the National Press Club – is here.

A power-packed lineup of speakers will present at the Free State Foundation’s Seventh Annual Telecom Policy Conference – "The Future of the Internet: Free Market Innovation or Government Control?" – Thursday, March 19, 2015, at the National Press Club in Washington, DC. In addition to leading senior officials and prominent experts from government, industry, academia, and think tanks, featured speakers include Opening Keynoter Rep. Greg Walden, Chairman, House Subcommittee on Communications and Technology; House Majority Whip Steve Scalise, a member of the House Subcommittee on Communications and Technology, participating in a Lunchtime Conversation with Free State Foundation President Randolph May; and Closing Keynoter Sen. Ron Johnson, Chairman, Senate Committee on Homeland Security and Governmental Affairs, and a member of the Senate Subcommittee on Communications, Technology, and the Internet. Click here to register for this conference. For additional information, click here.

Please see Free State Foundation’s President Randolph J. May’s op-ed, “Is the FCC Lawless?,” published in The Hill on February 25, 2015. We are proud that this piece has set a new record at The Hill for social shares and page views of a contributor’s op-ed.

FSF President Randolph May Speaks Out Against the FCC's New Public Utility Internet Regulations! Watch the Video!

The Free State Foundation will hold its Seventh Annual Telecom Policy Conference on Thursday, March 19, 2015, at the National Press Club in Washington, DC. The theme of this conference, one of the nation's premier communications policy events, is "The Future of the Internet: Free Market Innovation or Government Control?" Rep. Greg Walden, Chairman, House Subcommittee on Communications and Technology, will deliver the Opening Keynote Address; House Majority Whip Steve Scalise, a member of the House Subcommittee on Communications and Technology, will participate in the traditional lunchtime Conversation with Free State Foundation President Randolph May; and Sen. Ron Johnson, Chairman, Senate Committee on Homeland Security and Governmental Affairs, and a member of the Senate Subcommittee on Communications, Technology, and the Internet, will deliver the Closing Keynote Address. Click here to register for this conference.

Free State Foundation President Randolph J. May will be the featured speaker at a Federalist Society event, titled “Net Neutrality: The Future of Internet Regulation (or Lack Thereof),” on January 28, 2015. Mr. May will speak at 12 noon at the University of Maryland School of Law. Professor James Grimmelmann, Maryland Law School, will provide reactions.

On January 23, 2015, the Free State Foundation submitted its response to the Committee on Energy and Commerce’s Sixth White Paper addressing the reform of video policies. The response was authored by FSF President Randolph J. May and Senior Fellow Seth L. Cooper, and members of the Free State Foundation's Board of Academic Advisors: Michelle Connolly, Duke University; Richard A. Epstein, New York University Law School; Justin (Gus) Hurwitz, University of Nebraska College of Law; Daniel Lyons, Boston College Law School; Bruce M. Owen, Stanford University; Glen O. Robinson, University of Virginia Law School; James B. Speta, Northwestern University School of Law; and Christopher S. Yoo, University of Pennsylvania Law School.

The Free State Foundation's policy seminar titled, "Thinking the Unthinkable: Imposing the 'Utility Model' on Internet Providers" held Friday, November 14, 2014, at the National Press Club is available on two YouTube videos. A video of the opening remarks by Rep. Bob Latta, Vice Chairman, House Communications and Technology Subcommittee, and FCC Commissioners Ajit Pai and Michael O'Rielly is available here. The second video of the lively panel discussion, moderated by FSF President Randolph May, on the pending FCC net neutrality proceeding is here, with panelists Robert Crandall, Nonresident Senior Fellow of the Economic Studies Program at Brookings Institution, and member of FSF's Board of Academic Advisors; Gerald Faulhaber, Professor Emeritus of Business Economics and Public Policy at the Wharton School at the University of Pennsylvania, and former FCC Chief Economist; Deborah Taylor Tate, FSF Distinguished Adjunct Senior Fellow and former FCC Commissioner; and Michael Weinberg, Vice President of Public Knowledge. Separate printed versions of the opening remarks are also available: Rep. Bob Latta, Vice Chairman, House Communications and Technology Subcommittee’s speech is available here; FCC Commissioner Ajit Pai’s speech is available here; and FCC Commissioner Michael O'Rielly’s speech is available here.

View a slideshow of the Free State Foundation’s Seventh Annual Telecom Policy Conference – "The Future of the Internet: Free Market Innovation or Government Control?" – held March 19, 2015, at the National Press Club.

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We were very pleased that Senator Marco Rubio delivered his first major address on communications policies and telecom priorities at the Free State Foundation's Fifth Annual Winter Telecom Policy Conference. Sen. Rubio is a member of the Senate Committee on Commerce, Science and Transportation and its Subcommittee on Communications, Technology and the Internet. Here is a link to the written copy of Sen. Rubio’s speech, and you can view a video of his presentation here.

Job Openings for Policy Analysts: The Free State Foundation has positions open for senior and junior policy analysts with experience regarding regulated industries. Some expertise and prior experience regarding communications and Internet policy is a definite plus, and the ability to analyze market structure and competition in dynamic markets characterized by rapid technological advances is a definite plus as well. Excellent writing skills an absolute prerequisite. Click here to view a full job description.

Senior Fellows

The Free State Foundation's Senior Fellows and Staff are acknowledged experts in their academic and professional fields, and their accomplishments have been widely recognized. They have held senior positions in academia, government, and business. Their expertise and experience on state and federal policy matters spans the disciplines of law, economics, business strategy, and organizational management.

Support the Free State Foundation

The Free State Foundation receives contributions to support its work from a wide variety of companies in the communications, information services, entertainment, and high-tech marketplaces, among others, as well as from foundations and many individuals. We welcome your donations too! Donate here!

Support the Free State Foundation's work by shopping at AmazonSmile!Click here to begin shopping at Amazon.

View the YouTube video of FSF’s October 26, 2015, event celebrating the publication of May and Cooper’s new book, The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective, at the National Press Club.

View the YouTube video of FSF’s July 28, 2015, policy seminar, "Implementing Real Regulatory Reform at the FCC," at the National Press Club.

View the YouTube videos of the Opening Keynote Address and traditional lunchtime Conversation at FSF’s Seventh Annual Telecom Policy Conference, "The Future of the Internet: Free Market Innovation or Government Control?" on March 19, 2015, at the National Press Club.

View the YouTube videos of the three keynote presentations and the panel discussion at FSF’s "Thinking the Unthinkable: Imposing the 'Utility Model' on Internet Providers" seminar at the National Press Club on November 14, 2014.

View the YouTube videos of FSF's "A New FCC or the Same Old, Same Old?" lunch seminar at the National Press Club on October 24, 2013.

View the YouTube video of FSF’s "If I Were the FCC Chairman" lunch seminar held at the National Press Club on June 4, 2013.

View a slideshow here of the Free State Foundation’s Fifth Annual Telecom Policy Conference, "Completing The Transition to a Digital World: How to Finish the Job and Why It Matters," held at the National Association of Home Builders on March 21, 2013.

Order FSF's new book, "Communications Law and Policy in the Digital Age: The Next Five Years," here!

View the YouTube video of FSF's January 23, 2013, event celebrating FSF’s new book, "Communications Law and Policy in the Digital Age: The Next Five Years," at the National Press Club.

View YouTube videos of FSF's October 18, 2012, "Ideas for Communications Law and Policy Reform for 2013" Seminar at the National Press Club.